October 1727, 16-31

Oct. 16.Barbados.

741. Governor Worsley to the Duke of Newcastle. Having received the 13th past by Capt. Robinson Commander of H.M. sloop Weasell, an order from H.M. most honourable Privy Council, for proclaiming King George II etc Continues:— I summon'd the Members of H.M. Council and the principal planters and inhabitants to meet at Pilgrim the 15th past (it being impossible to have summon'd them the preceedmg day on account of the badness of the roads which proceeded from the great rains that had fallen) where I had the honour of proclaiming H.M. King George the Second about ten of the clock, and then went in cavalcade to St. Michael's town where I likewise proclaimed his said Majesty with the usual solemnitys and entertained the Council, planters and the principal inhabitants of the Island, of whom there were a very numerous appearance; and the following day I order'd H.M. to be proclaimed in the other towns as was usual upon the like occasion. As no order is yet arrived to alter the form of the prayers for the Royal Family, and as by the Act of Uniformity it cannot be done without lawfull authority, the Clergy pray for King George, in the prayers that have regard to H.M., and in others for the Royal family, tho' in their prayer before the sermon (to which the Act of Uniformity does not extend), they pray for King George, Queen Caroline and the Royal family etc. Encloses Excise Act, "in which the Assembly have not made any provision for defraying the necessary charges of the Storekeeper, nor for the payment of H.M. Attorney General for his advice for the service of this Island, when he shall be thereunto required by the Governour; nor for the payment of any Agent or Agents in Great Britain" etc. Encloses Act to exclude the Members of the General Assembly from certain offices civil and military, and for the better encouragement of the gentlemen to serve in the Militia, which has passed the General Assembly, but I believe will not pass the Council, if it should, I am determined not to pass it, notwithstanding there is a clause therein that it shall not be in force 'til H.M. pleasure be known, for my passing a bill of such a nature, would be doing what I think inconsistent with my duty to H.M., in that I really believe 'twould be very prejudicial to H.M. Government here, and tho' by H.M. 21st Instruction to me, I am commanded not to give my assent to any bill of an unusual and extraordinary nature without a clause be therein incerted, suspending the execution thereof till H.M. pleasure be known concerning the same, yet I cannot think it can be from thence infer'd, I ought to give my assent to bills wherein such a clause is incerted, as some would here; and least I should be mistaken, I have sent your Grace a draft of the bill which I am of opinion is erroneous in many particulars, as well as in the very foundation of it; Your Grace will see they take care not to exclude the Treasurer, Comptroller, and Storekeeper, who are officers of their own nomination; The Keeper of the Stores of this Island, by a law passed the 15th of June, 1697 and confirmed the 9th of July, 1702, is nominated by the General Assembly, and with the consent of the Council, is recommended to the Governour, or Commander in Chief, for his confirmation, and he acts without any Commission from the Governour, as does the Treasurer, and Comptroler, who are annually elected in the Excise bill, and the Assembly pretend, by virtue of an order passed in the late Queen's reign, that the Governour and Council have no negative, tho' I cannot find in the Council books, a copy of any such order. Encloses Minutes of Council, 7th Aug.—15th Sept., and of the Assembly 5th, 15th, 19th Sept. and 5th Oct. By those of the 19th Sept. and 5th Oct. your Grace will see the Assembly take upon them not only to adjourne, but to adjourne from one place to another of themselves, what right they have I know not, there are indeed several instances of it, but if it should prove to have been only an indulgence of the Governours, whether they ought to enjoy it when they pretend to it as a right? And in the Minutes of the 5th of October there is a motion made by Geo. McMahon Esqr. and seconded by the Honble. Thos. Maycock Esqr. that "Whereas pursuant to a law of this Island a considerable levy has for two years last past been raised for building a publick Court House and goal where the old magazine stands, and the time limitted for finishing the said work, is some time since past, and the work not yet begun, whereby the covents, of the undertaker or Mr. builder are broke and the work very much wanted for the publick service and ease of poor prisoners, he therefore moved that a Committee might be appointed to enquire into the reasons or causes of such neglect or delay etc., that proper measures may be taken to enforce the agreement touching the said work" etc. and the said motion was granted. Tho' the Assembly are a branch of the Legislature, yet I do not see what power they have to enquire into the execution of laws. I don't in the least dispute the right they have to enquire into the distribution of the publick money, yet, if I mistake not, that ought to be done by a proper application to me, but in this case, they enquire into the performance of a contract betwixt the undertaker and several Commissioners appointed by a law to agree with him for the buildings, and according to the said law he gave security under the forfeiture of £1,500 to perform his contract in 18 months time, and received £1,200 sterling in hand and is to have no more, but in proportion as he finishes the work, as by the said law is more particularly exprest, which I had the honour to transmit to your Grace the 27th April, 1726. I am further to observe to your Grace from the Minutes of the Assembly of the 5th of Oct., a motion for the bringing in a bill to regulate the number and sallaries of the matrosses. The 28th Sept. 1715, an Act was past here for the reducing the number of the matrosses in time of peace only, but that has not yet had the Royal assent, and by this they design, as I am informed, to take off one third of the present number, and to reduce their sallaries from £25 current money per annum to £15, in which case nobody will be able to serve, and I am determined not to give my assent to it, tho' the Council should pass it, which I believe they will not. In the same Minutes they have also agreed to an Address to me to order the several officers to lay before them a list of the fees they take and demand, as also a copy of a report of the. Judges and Attorney General to me, which I had ordered to be taken upon a complaint that was made to me against the late Deputy Provost Marshall. This I did in obedience to H.M. 54th Instruction to me, and as the said officer resigned his office upon this complaint (for I could do no more than suspend him) I put another in his room etc. (v. 15th Aug.), and therefore did not trouble your Grace with the report, and if anybody have been injured by him, they ought to prosecute have [sic] according to law. I have had the honour of sending your Grace lists of the fees of the several officers, of which a table is hung up in their offices, and are what they and their predecessors have taken and I am obliged by the aforesaid Instruction to countenance all Patent Officers in the enjoyment of their legal and accustomed fees and rights, and in case of any exactions I am orderd by my 28th Instruction to regulate them with the advice of the Council, so that I do not see what pretension the Assembly can have to enquire into it, especially to desire a copy of a report which I took for my own conduct in obedience to H.M. commands. I am further to observe to your Grace that the present Assembly say, that according to H.M. proclamation, which I published here for continuing persons being in office at the decease of the late King, they can't sit after the 11th of December next, and by the same reason they may say, there can be no Government here, and we must fall into anarchy. Upon the decease of the late Queen, no other proclamation, but one of the same tenour with what I have now received, was sent hither, and this Government continued upon the same foot it was on before for above nine months till Mr. Lowther's arrival here; 'tis true the proclamation for this Island, upon the death of King Charles II and upon the accession of King William to the Throne, expressed that the several officers of this Island should hold themselves continued in the said places till H.M. further pleasure etc. Signed, Henry Worsley. Endorsed, Rd. Dec. 29th. 12 pp. Enclosed,

743. Commodore Bouler's Answers to Heads of Enquiry relating to the Newfoundland Fishery for 1727. To same effect as those for 1725 (v. C. S. P. 10th Oct., 1725) with following variations:—Art. ix. It is my opinion that more fresh men and green men are carried over every year than the Act requires, for there are several ships go yearly to Ireland to take in passengers for Newfoundland, who as soon as they arrive hire themselves out at a low price to the fishing ships, inhabitants and by boat-keepers, (xiv) The Admirals in each harbour generally are careful, if they preside ashore to preserve good order, but they keep no journals nor return any as the Act directs, (xxiv) There was no justice administered in Newfoundland, except at Placentia, last winter, (xxx) Several persons stay behind at Trinity Bay, Bonavista, Carboneir, etc., that employ themselves in furring during the winter, but few of the inhabitants employ themselves this way, nor is there any traffick with the Indians this last year they took furrs to the value of 880 pounds by the accot. they give themselves, but there is no ways of coming at a true acct. (xxvi) No complaints, (xxxv) None that could be discovered. But there is reason to suspect that wine and brandy are brought from France as well as salt, (xxxviii) Rum, molosses, wine etc. sold, this year is computed at £16,400, all paid in bills of exchange or fish, but in my opinion these accots. are very short of the real quantity. Prices rum, 2s. 6d. per gallon; molosses, 1s. 4d.; wine, £4 pr. hhd.; bread, 14s. per cwt.; beef, 30s.; pork, 48s.; flour, 20s. per barrel; sugar, 40s. per cwt.; tobacco, 6d. per lb. (xlvi) v. C. S. P. Oct. 13, 1726. (li) No complaints this year, (lii) No persons administered justice at St. Johns this year. Annexed,

755. Mr. Popple to Mr. Fane. Encloses Act of Antigua, 1724, for constituting a Court to hold plea of foreign attachments, according to the custom of the City of London. "My Lords Commissioners desire you will carefully consider the same, and let them have your opinion thereupon as soon as possible." [C.O. 153, 14. pp. 272, 273.]

758. John Willett to the Council of Trade and Plantations. Abstract. Has served as Councillor for 19 years, and other stations of trust, and been esteemed as a just and faithful servant both to his Prince and country. Complains that Lt. General Mathew has recently taken a displeasure against him, and addresses him at the Board with a seventy of language tending to overawe and intimidate him. He was one of the Council who protested against the removal of Chief Justice Greatheed and Judge Edward Johnson and the appointment of Jeremiah Browne and James Gordon in their places by Lt Gen Mathew. Describes proceedings in Council and angry passages with the Lt. General arising out of these protests etc. Whatever cause the Governor had for removing Mr. Johnson, Mr Gordon was a very improper person to put in his place. "It is prostituting the deputy of that place etc. to appoint a man who, not many years ago, was sent out here in the mean condition of an indented servant "etc. Signed, John Willett. Endorsed, Recd, (from Mr. Matthew etc. who appeared for Mr. Willett) 11th, Read 26th Jan., 1727/8. 6 large pp. Enclosed,

758. i. Minutes of Council of St. Kitts, 16th April, 1726. Upon reading a threatening letter sent by James Gordon to Edward Johnson, it was ordered that the former be put out of the Commission of the Peace and prosecuted for endeavouring to discountenance a Minister of Justice from doing his duty etc. Copy. 1½ pp.

758. ii. Minutes of Council of St. Kitts, 27th Sept., 1727. The reply of James Gordon to the reasons given by John Willett and Joseph Estridge against his appointment was brought to the Board. It was resolved that the paper be not read, but that the reasons offered by Willett and Estridge should be expunged from the Council books etc. Copy. 1½ pp. Nos. i and ii endorsed, Recd. 11th Jan., 1727/8.

759. Governor Worsley to the Duke of Newcastle. Having been advised by my Lord Carteret that your Grace had been pleased to represent me very favorably to H.M.; I could not loose the first oppertunity of making my most humble acknow-ledgements to your Grace for the honor of your protection etc. I have taken the liberty of writing to H.M. to assure H.M. that I am always ready to return to lay myself at H.M. feet, whenever H.M. shall thinke it proper, but as your Grace has had the great goodness to espouse my interest, I presume to lay before you the great loss it would be to me to be recalled before I could dispose of my effects here, which amount to a considerable value, and I am further to submit to your Grace's consideration, whether at this present juncture, when I am opposing the Assembly to support H.M. prerogative, it would be improper, that my Commission should be renewed, tho' my successor should be soon afterwards appointed, it would be of the greatest satisfaction to me to be able to leave this Government with honor after having to the best of my ability's endeavour'd to do my duty to H.M. etc. Signed, Henry Worsley. Endorsed, R. 31 Dec. Holograph. 3 pp. [C.O. 28, 44. No. 114.]

Oct. 24.Whitehall.

760. Duke of Newcastle to the Council of Trade and Plan-tations. Encloses letter and enclosures from Governor Worsley relating to proceedings of the Assembly, more especially with regard to the choice of a Speaker etc. Requests their report thereon as soon as conveniently may be, that there may be no time lost in sending proper Instructions to the Governor upon the several heads of complaint. Signed, Holles Newcastle. Endorsed, Reed. 24th, Read 25th Oct., 1727. 1¼ pp. Enclosed,

761. Council of Trade and Plantations to the Duke of Newcastle. In reply to preceding, enclose Governor Worsley's letter of 15th Aug. "by which you will perceive that the sub-stance of the dispute is already at an end: However, as the Assembly have parted with their pretention with some reluct-ancy and reserve, we do beleive, it will be for H.M. service, that the Govr. should have proper instructions, for his conduct upon this subject; and when H.M. shall send us orders for renewing Mr. Worsley's Instructions, we shall take care that an Instruction be inserted for this purpose." Autograph signatures. 1¾ pp. Enclosed,

762. Governor Burnet to the Duke of Newcastle. Abstract. The ship carrying his letters of Aug. 24—26th met with a storm at sea, and was obliged to put back to refit. Has published Proclamations for continuing officers etc. Recommends address from the Governor, Council and Assembly to H.M. The French have attempted nothing more against the fort at Oswego. "The Assembly seem very hearty to support it, as the best thing that ever was done to secure the Indians in our interest, and to check the encroachments, of the French" etc. Refers to enclosures. Endorsed, Rd. 19th Dec. 1 2/3 pp. Enclosed,

763. Governor Burnet to the Council of Trade and Plantations. Repeats part of preceding. Has lately received letter 26th June and 4th July with orders to proclaim H.M. etc. Had already issued proclamations for officers to take oaths and continuing their offices etc., and issued writs for a new Assembly, which had met &c. Intends to go to New Jersey to hold an Assembly there etc. P.S. The French have hitherto attempted nothing further against the Fort at Oswego, but all remains quiet hitherto. Set out, N.Y. Col. Docs. V. pp. 841, 842. Signed, W. Burnet. Endorsed, Recd., Read 20th Dec, 1727. 3 pp. Enclosed,

763. i, ii. Duplicates of Encl. ii, iii, preceding. Same endorsement.

763. iii. Address of the Governor, Council and Assembly of New York to the King. Your Majesty's most dutyfull and loyal subjects, from this remote part of your Dominions, beg leave to approach the Throne, with hearts deeply affected with the loss of your late Royal Father, of ever glorious memory, but filled with joy and comfort upon your most Excellt. Majty's. happy accession. The blessings we now enjoy under your Majesty, naturally lead us to look back to that signal revolution, under our great Deliverer King William III, who began his reign with abolishing Popery and Slavery among us, and closed it with preventing their being ever again imposed and entail'd upon us, by establishing the Protestant succession, for the perpetual security of our laws, liberty's and religion. We have observed with delight and admiration, that as soon as that happy settlement took place in his late Majesty, the glory of the British Nation receiv'd a new lustre from his shining virtues; his just and mild Government endear'd him to his subjects, and his wise and steady conduct effectually placed the ballance of Europe in his hands, and what above all demands our unbounded gratitude to his memory, the peace, safety, strength and happiness, in which he left his Kingdoms, prepared the way for those universall acclamations, with which your Majesty's accession has been so joyfully celebrated. Your Majesty's early zeal and undaunted courage in defence of the libertys of Europe and the reformed interest, your long experience, and entire knowledge of the British Constitution, join'd with all the inherent virtues that can adorn a Prince, give us sure presages of the glory's that will attend your auspicious reign: And that we might have nothing left to wish, but the continuance of our happyness; we see the Throne graced with a Royal Consort, who by disdaining a temporal Crown when set in competition with a heavenly one, has the justest title to both etc. Express loyalty. Signed by the Governor, Council (12) and Assembly (24). Endorsed, Recd., Read 20th Dec, 1727. Copy. 2 pp.

763. iv. Address of the Justices of the Supreme Court, Attorney General, High Sheriff, Grand Jurors and practitioners of the Law, of New York to the King. Oct. 17, 1727. Similar expressions of loyalty. 40 signatures. Same endorsement. Copy. 2 pp.

767. Order of Committee of Privy Council. Whereas H.M. was pleased to referr unto this Committee the humble memorial of Robert Byng Esq., setting forth his being appointed Receiver General of the rights and perquisites of the Admiralty, and that he hath received a body of Instructions under H.M. royal sign manual for his guidance in the execution of the said Office, by the tenth article of which H.M. hath thought fitt to repeale the 33rd 54th or any other Article of the Instructions to the Governors and Vice-Admirals in the Colonies and Plantations abroad, directing them to have the care of pyrates effects untill they shall receive H.M. pleasure concerning the disposal thereof. That the said Articles of the Governors Instructions being so repealed, and the care of pyrates effects, which are deemed to be perquisites of Admiralty, being trans-ferred to the Memorialist, he humbly prays, in order to a due and regular receipt of this part of H.M. casual Revenue, that the respective Governors of H.M. Colonies and Plantations abroad may be made acquainted with his royal pleasure; and their Instructions regulated accordingly. The Lords of the Committee order that the Council of Trade and Plantations take care, upon the renewing of all the Governors' Instructions to make the same conformable to the tenth Article of Mr. Byng's Instructions. And in regard the Governors of Jamaica, New York and New Jersey have already received their Instructions, that a draught of Additional Instructions be prepared for them etc. Signed, Temple Stanyan. Endorsed, Recd., Read 7th Nov., 1727. 2 pp. Enclosed,

767. i. Copy of the tenth Article of the Instructions of Robert Byng, referred to in preceding, with pencil notes for converting it into an Instruction to Governors. 3 pp. [C.O. 323, 8. Nos. 80, 80 i.]

Oct. 26.Boston.

768. Lt. Governor Dummer to [? the Duke of Newcastle]. Encloses following, to explain why he must dismiss Capt. Woodside. Continues:—It was very unhapy that hee had by overreaching some of the Indians in trading with them rendred himselfe so obnoxious to them, and this Governmt. that it's not thought consistent with the publick safety to continue him in that station etc. Signed, Wm. Dummer. Endorsed, Rd. 5th Jan., 1727/8. 1 p. Enclosed,

768. i. Minutes of Council and Assembly of the Massachusetts Bay, Aug. 23, 24, 1727. A joint Committee was appointed to confer upon addressing H.E. for the removal of the Commanding Officer at Saco Fort etc. Signed, J. Willard, Secry. 1 p.

770. Mr. Willard to Mr. Popple. On the 20th instant I received your letter dated the 26th of June last, in wch. you are pleased to acquaint me that the Excise Act for the last year was not sent with the other Acts pass'd at the Session held in May 1726, and likewise to give me the Lords Commis-sionrs. directions for transmitting the said Act by the first oppertunity: in obedience to their commands I have now sent the same enclosed to you. I hope their Lordships will excuse my mistake, it being (I beleive) the first publick paper I have omitted since my concern in this business. By Cpt. Hammerden (who sail'd above a fortnight since) I sent you copys of the Minutes of Assembly for the Sessions held in May and August last with the Acts then pass'd, Minutes of Council for six months ending with August last and the Treasrs. Accompts for the last year wch. I hope will come safe to your hands; The Master's receipt of the said pacquet is herewith. Signed, Josiah Willard. Endorsed, Reed. 28th Dec, 1727, Read Jan. 29, 1727/8. 1 p. Enclosed,